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EVANGELINE ALDAY VS FGU INSURANCE ii) that FGU be declared in default for

CORP having failed to answer such


counterclaim.
2001, J. Gonzaga-Reyes
8) RTC
a) Granted Rs MTD, and consequently,
FACTS denied Ps motion.
1) R
a) Complaint for collection of sum of 9) RTC
money a) Ps counterclaim merely permissive
in nature, and Ps failure to pay docket
b) RTC Makati fees prevented RTC from acquiring
jurisdiction over the same
c) Against petitioner Evangeline Alday
i) Alday owed FGU P114k 10) CA
(1) Represents unliquidated cash a) Sustained RTCs decision.
advances, unremitted costs of i) The allegations in Ps Answer show
premiums and other charges she that her counterclaim is merely
incurred by P in the course of permissive, not compulsory
her work as FGUs insurance (1) That, indeed, FGU's cause of
agent) action which is not supported by
any document other than the self-
2) P serving 'Statement of Account'
a) Answer, with Counterclaim (2) That it should be noted that the
i) Asserted her right for the payment of cause of action of FGU is not the
(1) P104k enforcement of the Special
(a) Representing direct Agent's Contract but the alleged
commissions, profit 'cash accountabilities
commissions and contingent (3) A careful analysis of FGU's
bonuses earned from 1986 complaint will show that its cause
of action is not for specific
(2) P500k performance or enforcement of
(a) Representing accumulated the Special Agent's Contract
premium reserves rather, it is for the payment of the
alleged cash accountabilities
b) Also prayed for attorney's fees, litigation
expenses, moral damages and b) To support the heading "Compulsory
exemplary damages Counterclaim" in her answer and give
the impression that the counterclaim is
3) R compulsory, P alleged that R has
a) "Motion to Strike Out Answer With unjustifiably failed to remit to defendant
Compulsory Counterclaim And To Declare despite repeated demands in violation of
Defendant In Default" their Special Agents Contract
i) Alday's Answer was allegedly filed
out of time.
c) Thus, while on one hand P alleged that
4) RTC Rs cause of action had nothing to do
a) denied motion. with the Special Agent's Contract, on the
other hand, she claimed that FGU
5) RTC violated said contract which gave rise to
a) MR denied. her cause of action.

6) R 11) Hence, present petition.


a) MTD P 's Counterclaim a) Alday:
i) RTC never acquired jurisdiction i) FGU is estopped from questioning her
because of Aldays non-payment non-payment of docket fees because
of docket fees it did not raise this issue when it filed
its motion (Motion to Strike out
7) P Answer With Compulsory
a) asked RTC Counterclaim And To Declare
i) to declare her counterclaim as Defendant In Default") with RTC
exempt from payment of docket (1) FGU assailed RTCs jurisdiction 9
fees, since said (Counterclaim) is months after receiving her
compulsory; and answer
ii) RTC should have declared FGU in 4) Is there any logical
default for having failed to answer relation between the claim
her counterclaim and the counterclaim?
b) FGU: questions the jurisdiction of the CA
over the appeal filed by Alday ii. Quintanilla v. CA
1) Compelling test of
ISSUE/RATIO compulsoriness, which
1. W/N FGU is estopped from questioning requires a logical
Aldays non-payment of docket fees. NO relationship between the
a. Estoppel by laches arises from the claim and counterclaim
negligence to assert a right within a (i.e. where conducting
reasonable time separate trials would
b. In this case, the issue was raised by FGU entail a substantial
with the RTC itself, the body where the duplication of effort and
action is pending, even before the time by the parties and
presentation of evidence and before any the court)
judgment could be rendered
b. In CAB, P's counterclaim for
2. W/N FGU is estopped from questioning CAs commissions, bonuses, and
jurisdiction over Aldays appeal. YES accumulated premium reserves is
a. Although the lack of jurisdiction of a merely permissive
court may be raised at any stage of the i. The evidence required to prove
action, a party may be estopped from her claims differs from that
raising such questions if he has actively needed to establish FGUs
taken part in the very proceedings demands for the recovery of cash
b. In this case, FGU actively took part in the accountabilities
proceedings before CA by filing its
appellee's brief. It also failed to object to ii. The recovery of FGU's claims is
CAs jurisdiction during the entire not contingent or dependent
duration of the proceedings. upon establishing Alday's
counterclaim,
3. W/N Aldays counterclaim is 1) This conclusion is further
compulsory or permissive in nature. reinforced by Ps own
Counterclaim for commissions, admissions, where P declared
bonuses, and accumulated premium in her Answer that FGU's
reserves is merely permissive, cause of action, unlike her
claims for damages, allegedly own, was not based upon the
suffered as a result of FGUs filing of Special Agent's Contract
its complaint, are compulsory iii. However, note that Ps claims
for damages allegedly
a. Compulsory counterclaim is one suffered as a result of the
which arises out of or is connected filing by R of complaint are
with the transaction or occurrence compulsory
constituting the subject matter of
the opposing party's claim iv. Thus, for RTC to acquire
i. It does not require for its adjudication jurisdiction over her permissive
the presence of third parties of whom counterclaim, she is bound to
the court cannot acquire jurisdiction. pay the prescribed docket fees.
1) But for her compulsory
b. Tests in determining if a counterclaim, no need.
counterclaim is compulsory
i. Valencia vs CA: v. Pursuant to the ruling in Sun
1) Are the issues of fact and Insurance, RTC should have
law raised by the claim and instead given Alday a reasonable
counterclaim largely the time, but in no case beyond the
same? applicable prescriptive or
2) Would res judicata bar a reglementary period, to pay the
subsequent suit on filing fees for her permissive
defendant's claim absent the counterclaim
compulsory counterclaim 1) It has not been alleged by FGU
rule? and there is nothing to show that
3) Will substantially the same Alday has attempted to evade the
evidence support or refute payment of the proper docket
plaintiff's claim as well as fees
defendant's counterclaim?
2) Sun Insurance Office v. Hon.
Asuncion: Rule on the 4. W/N RTC should have declared FGU in
payment of filing fees default for having failed to answer
a. It isthe payment of the Aldays counterclaim. NO
prescribed docket fee that a. With regard to the permissive
vests a trial court with counterclaim, there is no need to
jurisdiction over the subject- file an answer until Alday has paid
matter or nature of the action. the prescribed docket fees for only
b. Where the filing of the then shall the court acquire jurisdiction
initiatory pleading is not over such claim
accompanied by payment of
the docket fee, the court may b. With regard to the compulsory
allow payment of the fee counterclaim, there is no need to
within a reasonable time but file an answer since it is inseparable
in no case beyond the from the claims of FGU
applicable prescriptive or vi. If FGU were to answer, it would
reglementary period. merely result in FGU pleading
c. The same rule applies to the same facts raised in its
permissive counterclaims, complaint
third-party claims and
similar pleadings.